Electoral College:

Overview

  • This lecture discusses the Electoral College, touching upon its historical context and its relevance to the philosophy of law and the concept of checks and balances in the U.S. government.

Introduction

  • Welcome message.

  • Transition to discussing the Electoral College, despite being slightly off-topic from the philosophy of law.

  • Connection to the founders' ideas of checks and balances.

  • Emphasis on the importance of understanding the Electoral College in the context of American political institutions.

History of the Electoral College

  • The process of how the president is chosen via the Electoral College.

  • Electoral Votes Distribution:

    • Each state has a specific number of votes in the Electoral College.

    • States have different rules for choosing electors and outlining their duties.

  • Example - Maine's Electoral Votes:

    • Maine traditionally splits its three electoral votes as follows:

    • One vote for one half of the state.

    • One vote for the other half of the state.

    • One vote for the general popular vote in the state.

Contentious Cases Involving the Electoral College

  • Discussion of historical controversies involving the Electoral College:

    • John Quincy Adams:

    • Allegations of a "shady deal" between Adams and Henry Clay, asserting claims of corruption.

    • Andrew Jackson's famous quote about "cheating and scandal" regarding his defeat.

    • Rutherford B. Hayes:

    • Hayes criticized as "His Fraudulency" due to electoral vote disputes.

    • A commission, biased towards Hayes' party, awarded him contested votes.

  • Donald Trump:

    • Discussion on Trump's election without winning the popular vote.

    • Noting a trend where Democrats win the popular vote but lose in the Electoral College.

Historical Complications and Voter Disenfranchisement

  • Examination of the historical contexts influencing the Electoral College:

    • Argument that historical motives included slavery.

    • Concern regarding decisions made with bad motives that may result in good outcomes.

    • Recognition of long-standing voter disenfranchisement in the U.S., both direct and indirect.

Justification for the Electoral College

  • Counter-Majoritarian Check:

    • The Electoral College serves as a check on potential tyranny of the majority.

    • Provides representation for rural Americans, balancing interests against urban populations.

  • Senate Representation:

    • Raises the question of representation inequity in the Senate:

    • Smaller states receive two senators regardless of population size, similar to the Electoral College's influence.

  • Argument Against Direct Popular Vote:

    • If presidents were elected through direct popular vote, candidates might neglect rural areas, focusing on dense urban populations instead, thereby underrepresenting rural concerns.

Objections to the Current System

  • Equality of Votes:

    • The key objection: every citizen’s vote should carry equal weight.

    • The Electoral College creates a scenario where votes in less populated states, such as Wyoming, hold disproportionate influence over the election outcome due to their increased representation in the Senate.

  • Electoral College Composition:

    • The number of electoral votes equals the number of senators (2) plus the number of representatives (varies) from each state.

    • Inclusion of Washington D.C. in the Electoral College and the complexities surrounding its representation.

Historical Examples of Representation Systems

  • Reference to historical cases that present alternatives to the "one man, one vote" principle:

    • Iroquois League:

    • Consisted of three groups: Young men, older men, and women.

    • Women played a crucial role in decision-making, highlighting a form of balanced representation.

    • Holy Roman Empire:

    • Included electoral systems with selections from both nobility and clergy.

    • Switzerland:

    • Similar mechanisms exist, although details are less clear.

    • Lebanon:

    • Consociational government established to balance representation between Christians and Muslims, historically skewed by demographic shifts.

    • India:

    • Represents a distinct approach where law varies based on religious groups.

Representation vs. Equal Voice

  • Assertion that equal votes do not equate to equal voice:

    • Hypothetical example:

    • A population split of 80% Jain and 20% Buddhist raises questions about equal representation.

    • Equal vote systems risk silencing minority voices.

    • Emphasizes the complexity of electoral representation and decision-making.

Conclusion

  • The Electoral College embodies a blend of representation that attempts to address the tyranny of the majority while simultaneously ensuring that diverse perspectives are considered.

  • Discussion hints at partisan views impacting perspectives on the Electoral College, with differing opinions based on political affiliation (Democrats vs. Republicans).